Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 14. Record of Proceedings
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5502, 5504 and 5700, Labor Code.
1. New section filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10815, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16563992 · 2026-08-17 · Oakland District Office8 CCR § 10815
Determinative passage · p.5Thus, we conclude that the parties were provided with the notice of transmission required by section 5909(b)(1) because service of the Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on June 18, 2026. II. Turning to the merits, we will first consider applicant’s contention that the WCJ proceeded to trial in her absence. In our en banc decision in Perez v. Chicago Dogs (2025) 90 Cal.Comp.Cases 830 (Appeals Board en banc) (Chicago Dogs), we stated that: In conducting our preliminary review, we observe that in addition to our constitutional mandate to accomplish substantial justice, the following fundamental legal principles must guide us:
The WCAB applied these standards to find the WCJ violated due process by denying virtual appearance improperly, proceeding without applicant, and showing bias, leading to disqualification and rescission of the decision.
Official decision · page 5 → - ADJ12880191 · 2025-03-07 · Pomona District Office8 CCR § 10815
Determinative passage · p.4"Either party may be present at any hearing, in person, by attorney, or by any other agent..." "`Appearance' means a party or their representative's presence, pursuant to Labor Code section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rules 10815, 10816, and 10817 (Cal. Code Regs., tit. 8, § 10815, 10816, 10817) allow electronic proceedings, appearances, and testimony, and there is nothing in the Labor Code or in our Rules that requires that hearings be in person.
Supports electronic appearance rights
Official decision · page 4 →
Rules beside this one
Article 14. Record of Proceedings — regulations rarely stand alone, and the answer is often two sections away.
- § 10811Destruction of Records.
- § 10813Sealed Documents.1 decisions
- § 10816Electronic Appearances Before the Workers' Compensation Appeals Board.7 decisions
- § 10817Electronic Testimony Before the Workers' Compensation Appeals Board.4 decisions
- § 10818Recording of Proceedings.
- § 10820When Certified Copies Will Issue.